The Online Citizen

The Online Citizen (TOC) is a socio-political blogging platform known for its independent journalism and commentary, particularly on issues pertaining to Singapore.

Established in December 2006 by Andrew Loh and Remy Choo Zheng Xi, TOC has positioned itself as a voice covering topics often overlooked by mainstream media.

History

Early Years (2006–2010)

Initially, TOC functioned as a volunteer-driven platform, focusing on citizen journalism and commentary on political, social, and economic issues often overlooked by mainstream media.

TOC quickly gained a following for its coverage of housing policies, social inequality, and governance, as well as its advocacy for greater civil liberties.

The platform frequently highlighted migrant worker rights, public housing affordability, and cases of government accountability. By offering a space for independent voices, TOC became one of the few outlets in Singapore to challenge official narratives.

In 2009, TOC played a significant role in covering the AWARE saga, a controversial episode in Singapore’s civil society.

The saga unfolded when a group of conservative Christian women staged a takeover of the Association of Women for Action and Research (AWARE), Singapore’s leading gender advocacy group, by securing leadership positions during its Annual General Meeting (AGM). The move was widely seen as an attempt to shift AWARE’s focus toward a more conservative stance on gender and sexuality issues.

TOC’s reporting provided extensive coverage of the internal conflicts, public backlash, and eventual resolution, where the original AWARE leadership was reinstated following an Extraordinary General Meeting (EGM) attended by over 3,000 members.

TOC’s detailed accounts, along with its on-the-ground reporting and interviews, helped shape public understanding of the event, positioning the platform as a key player in Singapore’s online media landscape.

By 2010, TOC had become one of the most prominent independent socio-political websites in Singapore, drawing attention for its investigative reporting and community-driven approach to news. Its growing influence also led to increased government scrutiny, setting the stage for further regulatory challenges in the years to come.

Transition to Political Association (2011–2015)

In 2011, the Singapore Registry of Political Donations designated TOC as a political association, citing its involvement in campaigns aimed at influencing legislation and government policies.

This classification subjected TOC to regulations under the Political Donations Act, restricting foreign funding and capping anonymous contributions at SGD 5,000.

Four individuals stepped forward to register as appointment holders, as required by the Prime Minister's Office.

On 24 January 2011, TOC submitted the appointments. The four individuals were Siew Kum Hong, Joshua Chiang, Ravi Philemon, and Leong Sze Hian.

A fundraising event was held, resulting in a substantial amount of funds that allowed the site to operate well into 2012.

In 2014, TOC, including its domain name www.theonlinecitizen.com, came under the management of The Opinion Collaborative Ltd (TOC Ltd), a social enterprise registered under the Companies Act. TOC retained full editorial independence while ceding its administrative and management functions, including fundraising and revenue generation, to TOC Ltd.

This restructuring allowed the TOC editorial team to focus entirely on its core purpose—bringing news and stories that matter to Singaporeans—while continuing its mission of providing an online platform for Singaporeans to champion causes and values that promote justice, openness, and inclusiveness.

Restructuring and Editorial Independence (2015–2021)

Following the 2015 General Election, TOC left TOC Ltd and was subsequently registered as a private limited company under Terry Xu.

By February 2018, TOC was de-gazetted as a political association, primarily because it was then operated solely by editor Terry Xu, who had been managing content since 2011 following the departure of the core editorial team.

In May 2020, TOC's domain was changed to onlinecitizenasia.com and rebranded as The Online Citizen Asia.

Shutdown and Relocation (2021–2022)

In September 2021, the Infocomm Media Development Authority (IMDA) cancelled TOC's broadcasting class license due to non-compliance with funding source declarations.

Undeterred, TOC resumed its activities on 16 September 2022, relocating its operations to Taiwan under the ownership of a Taiwanese company while returning back to the original domain but keeping the Asia suffix.

Return and Adaptation (2024–Present)

In July 2023, the Minister of Information and Communication classified TOC’s website, Facebook, Twitter, and LinkedIn as Declared Online Locations (DOLs).

This classification made it illegal for individuals or entities to provide financial support to TOC, as well as for the operators to benefit financially from its publication. Violations carried the threat of fines and imprisonment.

In response, Gutzy Asia, a new publication, was created and operated in light of the DOL. However, in June 2024, the Ministry issued another DOL designation on the new publication, making its operation impossible.

As a result, TOC ultimately decided to resume operations under its original name—dropping the Asia suffix—and expand to other social media platforms that had not been designated as DOLs in September 2024.

Founders and Editors

• Andrew Loh (Founder and former editor)
• Remy Choo Zheng Xi (Founder and former editor)
• Joshua Chiang (Former Intern Chief Editor)
• Kumaran Pillai (Former Chief Editor)
• Ravi Philemon (Former Chief Editor)
• Howard Lee (Former deputy Chief Editor)
• Terry Xu (Current Chief Editor)

Editors in charge

Name	Date start	Date end
Andrew Loh	December 2006	June 2011
Ravi Philemon	June 2011	March 2012
Kumaran Pillai	March 2012	2013
Terry Xu	March 2013

Legal and Political Pressure Over the Years

TOC has faced numerous legal challenges over the years, including defamation suits, government-directed takedowns, and regulatory restrictions under laws such as the Protection from Online Falsehoods and Manipulation Act (POFMA) and the Protection from Harassment Act (POHA). These legal battles have significantly impacted its operations and ultimately led to its license suspension by the Infocomm Media Development Authority (IMDA) in 2021.

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2014: TOC Placed Under Class License Restrictions

In November 2014, the Media Development Authority (MDA) required The Opinion Collaborative Ltd (TOC Ltd), the entity managing TOC, to register under the Broadcasting (Class Licence) Notification. This regulation, part of the Broadcasting Act, prohibited TOC Ltd from receiving foreign funding for its operations.

• The move followed TOC's earlier 2011 classification as a political association, which already restricted its funding sources to Singaporeans and required full disclosure of donations.
• The MDA's demand meant TOC Ltd had to formally pledge not to receive any foreign funding, further tightening financial restrictions on the platform.
• In response, TOC Ltd complied with the registration requirements but simultaneously requested that TOC be de-listed as a political association, arguing that there was no evidence of foreign funding influencing its operations.
• TOC Ltd criticized the government’s regulatory approach, stating that the restrictions hindered operational effectiveness and created unnecessary bureaucratic burdens.

This classification placed TOC under the same licensing regime as other independent current affairs websites, such as The Independent and Mothership.sg, both of which were also required to register under the Broadcasting Act.

However, another independent website, Breakfast Network, refused to comply with the same regulations in 2013 and was forced to cease operations as a result. This underscored the growing regulatory pressure on alternative media outlets in Singapore.

Despite TOC Ltd’s compliance with MDA’s requirements, the Singaporean government continued to scrutinize its operations, eventually leading to further legal battles under POFMA and IMDA's license suspension in 2021.

Mindef v. TOC – 2017 POHA Case

In 2017, TOC was involved in a landmark legal dispute against the Ministry of Defence (Mindef) over the Protection from Harassment Act (POHA). The case revolved around whether the government could be considered a "person" under the Act and thus seek legal recourse against TOC for alleged falsehoods.

The case originated from TOC’s publication of statements made by inventor Dr. Ting Choon Meng, who had accused Mindef of patent infringement in a dispute over a military medical vehicle. Mindef sought to use POHA to compel TOC to remove Dr. Ting's allegations.

• In December 2015, the High Court ruled that Mindef, as a government body, could not invoke POHA, arguing that the law was designed to protect individuals rather than state agencies.
• Mindef appealed the ruling, bringing the case before the Court of Appeal in 2017.
• In a split decision, the Court ruled against Mindef, with Judges of Appeal Andrew Phang and Chao Hick Tin holding that the government does not qualify as a "person" under POHA.
• The Court criticized Mindef's argument, stating that the ministry was not a helpless victim and had ample resources to counter any allegations through official media channels.

The ruling was seen as a major victory for press freedom, as it prevented the government from using harassment laws to silence critical speech online. However, the Court left open the possibility that corporate or non-human entities could invoke POHA in future cases, depending on the context.

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Defamation Suits and Legal Actions

PM Lee Hsien Loong v. Terry Xu (2019–2021)

In August 2019, Prime Minister Lee Hsien Loong sued TOC's chief editor, Terry Xu and its Malaysian writer, for defamation over an article related to the Lee family dispute concerning the late Lee Kuan Yew's estate.

• The lawsuit claimed that the article, which referenced allegations made by Lee Wei Ling and Lee Hsien Yang (the Prime Minister’s siblings), contained false and defamatory statements about PM Lee.
• TOC refused to take down the article and defended its publication as fair reporting of a public dispute.
• In September 2021, the High Court ruled in favor of PM Lee, ordering Terry Xu and the writer to pay S$210,000 in damages.
• The total cost came up to S$297,000 along with legal cost, and was raised within months from the public to be paid to Lee Hsien Loong.

Criminal Defamation Case Against TOC Contributor Daniel De Costa (2018–2022)

• In December 2018, Terry Xu and TOC contributor Daniel De Costa Augustin were charged with criminal defamation over a letter published on TOC that alleged corruption within the Singapore government.
• Terry Xu and De Costa were convicted in 2022 and sentenced to three weeks of imprisonment for the criminal defamation charge, while De Costa received an additional three months of imprisonment under the Computer Misuse Act.
• An appeal was filed against the conviction and sentencing. The conviction was ultimately upheld by the High Court, but the sentences were commuted to fines. The Attorney-General’s Chambers (AGC) sought to have Xu pay the fines even though he had already served the three-week jail term. However, this request was rejected by the High Court.
• The AGC then appealed against the High Court’s verdict to the Court of Appeal. The Court of Appeal ruled that the High Court’s judgment was flawed and reinstated Xu’s original sentence. Since Xu had already served his jail term, there was no change to his punishment.

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Challenges Against POFMA Orders (2020–2021)

TOC was one of the first independent media outlets to challenge a POFMA correction direction (CD) in court after publishing an article on 16 January 2020 that repeated allegations by Malaysian human rights group Lawyers for Liberty (LFL) about alleged brutal and unlawful execution methods in Changi Prison.

2020: TOC’s POFMA Appeal & High Court Ruling

On 22 January 2020, the Minister for Home Affairs issued a POFMA correction order requiring TOC to insert a correction notice stating that the allegations were false. TOC filed an application in the High Court (OS 118/2020) to set aside the order, arguing that it was merely reporting on LFL’s claims and did not affirm their truth.

However, on 19 February 2020, Justice Belinda Ang dismissed TOC’s appeal, ruling that:

1. TOC bore the burden of proving the truth of the statements under Section 17(5) of POFMA.
2. Misinformation was not protected under Article 14 (freedom of speech) of the Constitution.
3. The reporting defense was not valid, as TOC had already conceded that the subject statement was the allegation itself, not just the act of reporting it.
4. The government’s affidavit evidence from SPS showed that no such execution method was used.

2021: Court of Appeal Ruling

TOC appealed to the Court of Appeal, but in October 2021, the appeal was dismissed. The court upheld the High Court’s ruling, stating that:

• The allegations in the article were false.
• TOC had communicated the falsehood in Singapore, fulfilling POFMA’s criteria.
• There were no legal grounds to set aside the correction order.

The ruling reinforced POFMA’s broad application, affirming that online platforms could be held accountable for repeating third-party allegations, even if they did not explicitly endorse them.

IMDA License Suspension and TOC’s Closure (2021)

In September 2021, the Infocomm Media Development Authority (IMDA) revoked TOC’s class license, effectively shutting down the platform.

• The IMDA cited non-compliance with funding disclosure requirements, claiming that TOC failed to declare financial sources as required by law.
• TOC countered that the funding regulations were selectively enforced and that mainstream media outlets faced no similar scrutiny.
• Without a valid license, TOC was forced to cease operations on 15 September 2021.

Despite the license suspension, TOC relocated to Taiwan in 2022 under a new entity, allowing it to continue operating outside of Singapore’s jurisdiction.